The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1887-12-17
of these acts working only evil were

of these acts working only evil were
soon repealed.
In the exercise of this police power,
all the states have passed laws regulat-
ing the traffic of liquor, some of these
acts declaring dram shops and saloons
a nuisance, these laws have been sus-
Iained by the courts, and rightly sus-
tanned, for all or nearly all the disorder
arising from whisky or its traffic,
originates in or about d~ramshops and
saloons, and none make a question OF
the power of the legislature to regulate
or to suppress them.
What has become of the limit to this
police power which he has said the
courts would fix and enforce. He has
decided that the manufacture for gen.
eral use, or for sale at home or beyond
the limits of the state, or for the own
er's own use may be prohibited by the
legislature; again L ask where then is
his limits? 1t may be that he calls it a
limit that the citizen desiring its use
tor himself shall not manufacture it,
and no one else shall sell or give it to
him in his state; he must take some
railroad train, and some where beyond
the state he may find a toddy, there he
will let him take his drink, or fill =
pint bottle for mechanical OF medicinal
purposes. This is a boundary to police
power with a vengeance.
The police power pushed to e1trem-
ity may be used to destroy all natural
rights of the citizen, and so used as to
concentrate in the courts powers de-
structive of individual liberty.
The exercise of police powers is me-
cessary to the tranquility of every well
ordered community and for the orderly
existence of all governments. l can
give no definition that will include all
cases that will come under the legiti.
mate exercise of these powers. On
the one hand there is the great con-
3stitutional protection to life, liberty,
property and the gains of ones own in
dustry, and on the other the necessities
of society and good government. Legis-
latures and courts in the exercise of
these powers should eve be careful
and cautious, while they provide for
the peace, good order and safety of the
state, that they make no invasion of the
natural rights OF the citizen secured by
the constitution Or not surrendered to
the government.
l / udNc RltSu AlOu tuC COhStltutiOh
our only written law concerning police
powers. To learn what these powers
are and how far they go, we have TO
hunt for the law as it has been virtually
made by the courts and lies loose
among their decisions. This much we
have seen, there is a limit TO tho exer-
else of this power, which cannot and
must not be passed. The extreme of
this limit fix At the regulation, con-
troll aud prohibition and suppression of
saloons, dram shops and all other
places of sale and traffic, when sold to
be used or drank at the place of sale.
The opinion OF the U. S. supreme
court extends this limit to the absolute
prohibition OF the manufacture and
distillation, as we'll ais as to all
dealing by sale or gift of all
wine, beer and all other spirit
uous liquors which used in excess
may intoxicate. True, the court ap-
parently admits that the individual citi-
zen may use it for scientific, mechanical
as a beverage, but whatever may be
bis necessities, no person shall sell or
give it to him within the limits OF the
state, none shall he make it for himself
and for his own use. Thus while they
admit it to be property, and property.
that may be used for good, valuable aud
beneficent purposes, the court by pro-
hibitory means, precludes and bars
him from its acquisition and ownership.
Another effect is to cut off and deprive
the citizens of the state from all parti-
cipation in trade and commerce Of this
article, and forces its Astounding gains
and profits into the plethoric pockets
of the people of other states.
l have said enough to show the
grounds 10 my neighbors and friends,
on which | gave in the Intelligencer,
pending "the option law" canvas my
opinion that the legislature in the ex-
ercise of its police powers had no con-
stitutional powers to prohibit the man.
nfacture OF wines and other liquors, or
when manufactured and owned by him
to prohibit its proper use. 1t is to JUS
tify myself in giving that opinion that
this article is now written.
1t does not require learning i'll the
law for any person to determine which
is the correct and proper limit in the
exercise of police powers in respect to
spirituOus liquors, the limit as [ would
fix it. or that as fixed and settled by
the U. S supreme court.
We may congratulate ourselves OF
the fact that the police powers. are ''in-
lherenny. solely and exclusively in the
people of our state" and that the United
States have 10 police power within its
limits. l trust that our legislature and
courts will s.eadfas;,y hold and main
tain their legislative powers, and SO
hold and maintain them that their
be no intermeddling by the federal gov
eminent or its officials.
The final action OF the supreme
court Omitted Statesl in the Kansas
cases presents the singulsr fact, that
concur in the opinion delivered, ana
the oaly democrat, Judge Field, dis
sented. At this time when politicians
of both parties are planning for the
presidential canvass OF 1883, and when
the papers and their correspondents
generally agree that the chance for re-
publican success depends on that party
securing the favor or capturing the
prohibition vote, n al but be re-
minded of the facts and disgraceful
scenes which attended the sit;ings Of
the famous congressional commission
composed Of senators and judges Of
the supreme court, resulting in the
ousting of Tildsn from the presidency,
and the defeat Of the will Of the people.
Eight to seven every vote.
Having spoken of the local option
law, it is but proper that l should add,
that in the cases now pending in the
supreme cour involving the question
of the constitutionaly of that law,
there are grounds OF objection and
questions not involved or considered
by the supreme court of the United
States in the Kansas cases. l have
never doubted as to final issue of the
local option cases. WIN. L. WooD.
SWEET BELLS TANGLED.